Parwati Devi @ Parwati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11515 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================
1. PARWATI DEVI @ PARWATI Wife of Yogendra Das @ Joginder Das, Resident of Village-Kachahari, P.S.-Dhoraiya, District-Banka. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 14.11.2017 in connection with Sessions Trial No. 567 of 2017, arising out of Dhoraiya P.S. Case No. 87 of 2017 for offences punishable under Sections 328, 302/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was married to one Bambam Das three years back and for non-fulfillment of demand of dowry, she has been poisoned and killed by her husband and in-laws including the petitioner.
It has been submitted by the learned counsel for the petitioner that she is the mother-in-law of the deceased and
Patna High Court Cr.Misc. No.11515 of 2018 (3) dt.30-03-2018 2/3 general and omnibus allegations have been levelled against her. He submits that investigation is complete, petitioner is ready to cooperate in the trial, husband of the deceased is already in custody and the father-in-law, against whom also general and omnibus allegations have been levelled, has already been granted privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 13830 of 2018 vide order dated 12.03.2018. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Banka, in connection with Sessions Trial No. 567 of 2017, arising out of Dhoraiya P.S. Case No. 87 of 2017, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear
Patna High Court Cr.Misc. No.11515 of 2018 (3) dt.30-03-2018 3/3 on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.
(Nilu Agrawal, J) Rajesh/- U T